By mere use of the Website, the User shall be deemed to have accepted these Terms including the policies.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these Terms, wherever the context so requires, the term:
(i) “Applicable Laws” shall include all laws, statutes, ordinances, bills, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India.
(ii) “Content” shall include, without limitation, data, text, written posts, comments, software scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
(iii) “Customer” means any Person who accepts the Terms and Conditions and seeks to browse and avail Services on the Website by creating a Tizzy Cloud Account.
(iv) “Grievance Officer” shall have the meaning as ascribed to it under Clause 21 .
(v) “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society, or other entity (whether or not having a separate legal personality).
(vi) “Personal Information” shall have the meaning ascribed to the term in Clause 10 .
(vii) “Reseller” means any Person who accepts the Terms and Conditions and is desirous to enter into a reseller arrangement with Tizzy Cloud for the sale of Services by creating a Tizzy Cloud Account.
(viii) “Service Information” means the details of Services available on the Website in different variations for the knowledge of the User.
(ix) “Services” shall mean the services as detailed under Clause 4 of this Terms.
(x) “Third Party Policies” shall mean this Terms (as amended, modified, or restated from time to time) read with policies of TSPs (as defined below).
(xi) “Tizzy Cloud Account” shall have the meaning ascribed to the term in Clause 5.1 .
(xii) “Third Party Software” shall mean any software or application developed and owned by a TSP that Tizzy Cloud may contract with, from time to time.
(xiii) “TSPs” shall mean, third party service providers, as applicable, whose services are used in addition to or in conjunction with the Services of Tizzy Cloud.
(xiv) “User” shall mean either:
a) any Person;
b) any Customer; or
c) a Reseller
(xv) “User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or in their Tizzy Cloud Account, including but not limited to, images, photos, documents, and contact details saved therein by the User, profile information, and any other Content or information that User stores or makes available on the Website.
(xvi) “Website” shall mean an internet portal by the name of “Tizzy Cloud” located at URL- https://www.tizzycloud.com/
1.1. These Terms will apply to the User for accessing, registering, browsing, transacting, or otherwise using the Website indicates the User’s agreement and acceptance to all the Terms. By impliedly or expressly accepting this Terms, the User also accepts and agrees to be bound by:
1.1.2. any subscription plan limits, product disclaimers or other restrictions presented to User on Tizzy Cloud’s Website, specifically including those in relation to the Services provided by Tizzy Cloud; and
1.1.3. the respective agreements entered into between the User and Tizzy Cloud (for every User that is a Reseller), comprising of the term and conditions governing their relationship in addition to these Terms.
1.2. By mere use of the Website, the User shall be contracting with Tizzy Cloud and this Terms including the Third-Party Policies, as applicable, constitute the User’s binding obligations with Tizzy Cloud.
1.4. This Terms shall be binding upon and inure to the benefit of the User.
2.1. The official Website of Tizzy Cloud has been developed to provide general public information for the Services of Tizzy Cloud which offers specialized cloud computing services. The documents and information displayed on this Website are for reference and information purposes only.
2.2. Users are advised to read the Terms carefully before proceeding. Users are further advised to refrain from using or accessing the Website if they do not agree with the Terms.
2.3. Tizzy Cloud provides the Content on this Website subject to the following Terms. While Tizzy Cloud attempts to keep its web information accurate and timely, it neither guarantees nor endorses the content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this Website or any other server. Tizzy Cloud reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to the User, so the User should re-appraise themselves of the Terms periodically. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms.
2.4. All the materials contained on the Website are provided for information purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary, or professional relationship between the User and Tizzy Cloud. Commercial use of web materials without the written consent of Tizzy Cloud is prohibited.
The Website and / or the Services are only for competent Persons. By using the Website, the User represents that the User has reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides or is not under the age of 18 (Eighteen) years. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents and persons of unsound mind, are not eligible to use the Website. Tizzy Cloud reserves the right to terminate the User’s Tizzy Cloud Account and / or refuse to provide such person with access to the Website if it is brought to Tizzy Cloud’s notice or if it is discovered that such User is not eligible to use the Website.
4.1.1. Tizzy Cloud Email;
4.1.2. Tizzy Cloud Hosting;
4.1.3. Migration; and
4.1.4. Backup & Restore
A detailed description of the Services is available at
4.2. During the registration process, the User may choose from the various subscription plans towards the different cloud space offered by Tizzy Cloud for Tizzy Cloud Account depending on the nature of Services requested by the User.
4.4. The current version of the Website is likely to undergo changes as Tizzy Cloud is continually working on improving the same to enhance the User experience. User agrees that at this stage Tizzy Cloud shall not be bound by any statements of a general nature, which may be posted on Tizzy Cloud 's Website or contained in Tizzy Cloud's promotional materials. From time to time, Tizzy Cloud may offer limited preview services or new features to existing Services (“New Services”) in a pre- release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If User elects to use any Beta Services, then User’s use of the Beta Services is subject to the following:
4.4.1. User acknowledges and agrees that the Beta Services are pre-release versions and may not work and function fully and properly as Tizzy Cloud had intended;
4.4.2. User acknowledges and agrees that User’s use of the Beta Services may expose User to unusual risks of operational failures;
4.4.3. The Beta Services are provided “as is” and Tizzy Cloud does not recommend using them in production or mission critical environments;
4.4.4. Tizzy Cloud reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;
4.4.5. Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
4.4.6. Tizzy Cloud may limit availability of customer service support time dedicated to support of the Beta Services;
4.4.7. User may be required to provide feedback regarding User’s experience with the Beta Services in a form reasonably requested by Tizzy Cloud, including information necessary to enable Tizzy Cloud to duplicate errors or problems the User experiences;
4.4.8. User acknowledges and agrees that Tizzy Cloud may use the User’s feedback for any purpose, including product development purposes. At Tizzy Cloud’s request, User will provide Tizzy Cloud with comments that Tizzy Cloud may use publicly for press materials and marketing collateral;
4.4.9. Any intellectual property inherent in the User’s feedback or arising from User’s use of the Beta Services shall be owned exclusively by Tizzy Cloud;
4.4.10. User acknowledges and agrees that all information regarding User’s use of the Beta Services, including User’s experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Tizzy Cloud; and
4.4.11. The Beta Services are provided “as is”, “as available” and “with all faults”. To the fullest extent permitted by law, Tizzy Cloud disclaims any and all warranties, statutory, express, or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
4.5. The Website and the Services will be available to the User 24x7, except during scheduled maintenance of the Website or an emergency maintenance of the Website which is to be carried out due to a threat to the Website, network, facilities, etc. required for rendering the Services or for reasons beyond the control of Tizzy Cloud.
5. Registration and Creation of Tizzy Cloud Account
5.1. In the event a User is a Customer or a Reseller, Tizzy Cloud may require the User to provide Tizzy Cloud with certain User information in order to create an account (“Tizzy Cloud Account”) through a login ID and password.
5.2. All information required to be entered into the Website by the Customer or Reseller, towards creation of Tizzy Cloud Account, shall collectively be referred to as “Account Information” . The account shall only be created upon the User providing all the Account Information as may be required using the computer systems and upon Tizzy Cloud verifying the email ID and the phone number provided by the User on the Website at the time of registration.
5.3. The Customer shall at the time of registration provide following details on the Website:
(a) User’s email address;
(b) User’s ten-digit mobile number;
5.4. The Reseller shall at the time of registration of Product provide following details on the
(a) User’s email address;
(b) User’s ten-digit mobile number;
5.5. User will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its Tizzy Cloud Account. The User agrees to (i) immediately notify Tizzy Cloud of any unauthorised use of its Account Information or any other breach of security, and (ii) ensure that the User exits from its Tizzy Cloud Account at the end of each session. Tizzy Cloud cannot and will not be liable for any loss or damage arising from the User's failure to comply with this Sub-Clause 5.5 .
5.6. For security purposes, as best practice, User should keep changing the password of their Tizzy Cloud Account frequently or as and when prompted. In the event that the User forgets the password to their Tizzy Cloud Account, the User can click on and follow the password reset instructions received on their registered email ID. Further, it is the duty of the User to safeguard User’s password from any unauthorized use. Any person in possession of User’s password will have both the ability and User’s authorization to modify User’s Tizzy Cloud Account and other related information and take other actions which may affect or terminate User’s rights and access to Website and Tizzy Cloud Account.
5.7. User shall ensure that the Account Information provided by it at the time of creation of Tizzy Cloud Account is complete, accurate and up-to-date. Use of another User’s Account Information for accessing the other User’s Tizzy Cloud Account is expressly prohibited.
6. Fees, Payment, and Taxes
6.1 Billing Cycle and Mode of Payment
6.1.1. The fees for the respective Services availed by the User and any other charges that User may incur in connection with User’s use of the said Services, such as taxes and possible transaction fees, will be charged on a periodic basis (i.e. annually) until cancellation by the User or non – renewal of Services, on the calendar day corresponding to registration on the Website and creation of Tizzy Cloud Account on the calendar day corresponding to the commencement of the plan chosen by the User. For avoidance of doubt, it is stated that the Services are pre-paid in nature and once the billing cycle has commenced the Services can only be cancelled by the User from the next billing cycle or upon expiry of the period for which the fees has been paid.
At the time of registration on the Website by the User towards creation of
Tizzy Cloud Account, a single invoice shall be sent by Tizzy Cloud to the User
via email to the User’s registered email ID for purchase of Services. To avail
the Services, the User may pay the fees in the mode and manner available on
the Website or as communicated by Tizzy Cloud to the User.
The payment date may change in case the transaction initiated by the User using their card has not been successfully settled.
6.1.3. All payments made against the Services on the Website by the User shall be in accordance with the billing policies of Tizzy Cloud and the billing/ payment policies of the payment gateways as detailed under Clause 6.5 .
6.2. Details of Subscription Plans
6.3. Tizzy Cloud may change the subscription plans and the fees of the Services from time to time, including when the same has been changed by the underlying TSP and such changes or modifications shall be posted online at Website and effective immediately without need for further specific notice to User.
6.4. Tizzy Cloud shall not be responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from fees billed by Tizzy Cloud. Currency exchange settlements will be based on agreements between the User and the provider of User’s credit/ debit card.
6.5. The payment gateway used on the Website currently are and. There may be additional payment gateway services available on the Website, from time to time. While selecting any of the payment gateways available on the Website, Tizzy Cloud will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
6.5.1. lack of authorization for any transaction(s), or
6.5.2. exceeding the present limit mutually agreed by the User and between bank(s), or any payment issues arising out of the transaction, or
6.5.3. decline of transaction for any other reason(s) whatsoever.
6.6.1. Changes or modifications in fees of the Services shall be effective when the Service in question comes up for renewal or expires.
User will have 2 (two) renewal options: (a) "Automatic Renewal" and (b)
(a) Automatic Renewal: To protect User’s Tizzy Cloud Account from suspension or deletion and automatic loss of User’s User Content due to non-payment of fees, Automatic Renewal is the default setting provided by Tizzy Cloud. Applicable Services will automatically renew for the default period of subscription provided to the User. Payment towards the applicable Services that are up for renewal will be deducted via the payment method that the User has on file with Tizzy Cloud, at Tizzy Cloud’s then prevailing fees. In the event that the User does not wish for Automatic Renewal to be its default setting, User may opt for Manual Renewal as their default setting.
(b) Manual Renewal: If User has elected to turn off Automatic Renewal and cancel the applicable Services effective at expiration of the then current term, the User may nonetheless elect to manually renew the applicable Services at any time prior to its expiration date by logging into Tizzy Cloud Account and manually implement the renewal. If User fails to manually implement the renewal before the expiration date, the applicable Services shall be cancelled, and User will no longer have use of the said Services and the “Consequences of Termination” as provided in Sub-Clause 9.4 shall apply.
7. User’s Obligations, Representations and Warranties
7.1. User agrees, undertakes, and confirms that its use of the Website shall be strictly governed by the binding principles contained herein below. The User shall not host, display, upload, modify, transmit, update, or share any information that:
7.1.1. belongs to another person and to which User does not have any right to;
7.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
7.1.3. is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under Applicable Laws;
7.1.4. is misleading in any way;
7.1.5. harasses or advocates harassment of another person;
7.1.6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
7.1.7. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity;
7.1.8. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
7.1.9. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
7.1.10. engages in commercial activities and/ or sales without Tizzy Cloud’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
7.1.11. solicits gambling or engages in any gambling activity which Tizzy Cloud, in its sole discretion, believes is or could be construed as being illegal;
7.1.12. interferes with another User’s use and enjoyment of the Website;
7.1.13. refers to any website or mobile application or URL that, in Tizzy Cloud’s sole discretion, contains material that is inappropriate for the Website or any other website or mobile application or URL, contains content that would be prohibited or violates the letter or spirit of these Terms;
7.1.14. promotes an illegal or unauthorized copy of another Person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or some other Person’s database or proprietary information;
7.1.15. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information;
7.1.16. harms minors in any way; violates any law for the time being in force or impersonates another person;
7.1.17. threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
7.1.18. directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation, or guideline for the time being in force; or
7.1.19. creates any liability for Tizzy Cloud or causes Tizzy Cloud to lose (in whole or in part) the services of its TSPs or other clients or suppliers.
7.2. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Tizzy Cloud reserves its right to bar any such activity.
7.3. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, password "mining" or any other illegitimate means.
7.4. User shall not probe, scan, or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or information made available through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
7.5. User shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Tizzy Cloud, the Website or the brand name or domain name used by Tizzy Cloud or otherwise engage in any conduct or action that might tarnish the image or reputation, of Tizzy Cloud or otherwise tarnish or dilute any of Tizzy Cloud’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Tizzy Cloud. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Tizzy Cloud’s systems or networks, or any systems or networks connected to Tizzy Cloud.
7.6. User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or with any other person's use of the Website.
7.7. User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to Tizzy Cloud on or through the Website. User may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.
7.8. User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tizzy Cloud and/or others.
7.9. User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to income tax, goods and service tax, central excise, custom duty, local levies) regarding the User’s use of the Website.
7.11. User shall not resell the Services without Tizzy Cloud’s express permission. Reselling of the Products without Tizzy Cloud’s express permission will be construed as breach by the User of this Terms.
7.12. User shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to User’s Tizzy Cloud Account or User Content; (2) maintain independent archival and backup copies of User Content; and (3) ensure the security, confidentiality and integrity of all User’s Tizzy Cloud Account or User Content transmitted through or stored on the TSPs’ servers.
7.13. User is responsible for obtaining the data access necessary to use the services of Tizzy Cloud Account and also for acquiring and updating compatible hardware or devices necessary to access and use services of Tizzy Cloud Account and any updates thereto. Tizzy Cloud Account services may be subject to malfunctions and delays inherent in the use of the internet and/or any electronic communications.
7.14. Server hacking or other perpetration of security breaches is prohibited and Tizzy Cloud and/or the TSPs reserve the right to deactivate Tizzy Cloud Account containing information about hacking or links to such information. User’s use of Tizzy Cloud Account as an anonymous gateway is prohibited.
7.15. User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Website to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which User do not have authorization to access or at a level exceeding User’s authorization; or (3) use User’s server as an “open relay” or for any of the above purposes.
7.16. User understands that Tizzy Cloud has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website, its location, its friends, etc.) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, Tizzy Cloud can (and the User hereby expressly authorizes Tizzy Cloud to) disclose any information about the User to law enforcement or other government officials in accordance with Applicable Laws as Tizzy Cloud, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
7.17. User acknowledges that Tizzy Cloud is required to report cyber security incidents related information with appropriate authority, such as their identity, location, friends, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
7.18. User acknowledges and agrees that it shall at all times respect the privacy of other users of the Website.
7.19. Tizzy Cloud shall have the right to remove or edit any User Content that in its sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of these Terms. Notwithstanding this right, User remains solely responsible for the User Content of the materials it posts on the Website. Users are advised that such User Content posted does not necessarily reflect Tizzy Cloud’s views. In no event shall Tizzy Cloud assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/ or appearance of User Content on the Website. User hereby represents and warrants that it has all necessary rights in and to all User Content which it provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone's reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
7.20. Any software that is available on the Website is the property of Tizzy Cloud. Users may not use, download, or install any software available on the Website, unless otherwise expressly permitted by these Terms or by the express written consent of Tizzy Cloud.
7.21. In case a Person using the world wide web/internet receives a spam or virus which includes a link to the Website or to any other site maintained, operated, or owned by Tizzy Cloud, it should not be held responsible for the same. Tizzy Cloud assumes no responsibility for such mails.
8.1. The User is free to delete Tizzy Cloud Account at any time and acknowledges that the consequences of such termination or deletion shall be at the sole risk and responsibility of the User.
8.2. Tizzy Cloud shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Website or for any reason whatsoever whether or not beyond the control of Tizzy Cloud.
8.3. Tizzy Cloud makes no representation that the Website will be constantly available or available at all times. The User agrees and acknowledges that the Website is susceptible to downtimes, crashes, or other such technical issues for which Tizzy Cloud shall not be responsible to the User in any manner whatsoever. Nothing contained in this Terms shall be deemed to be a warranty implied or otherwise as to the availability of the Website and the Products at all times.
8.4. User agrees and acknowledges that Tizzy Cloud is not responsible for the continuous availability of any services from the TSPs and shall not be liable for any loss or damage which may be incurred by the User as a result of such non-availability or non- fulfilment or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such TSPs.
8.5. Further, Tizzy Cloud shall not be responsible for service interruptions caused by: (a) periodic scheduled maintenance or repairs by Tizzy Cloud or the TSP may undertake from time to time; (b) interruptions caused by User from custom scripting, coding or the installation of third-party applications; (c) outrages that do not affect the appearance of User’s Tizzy Cloud Account but merely affect access to User’s Tizzy Cloud Account; (d) causes beyond Tizzy Cloud’s control or that are not reasonably foreseeable; and (e) outrages related to the reliability of certain programming environments.
8.6. Unscheduled maintenance may need to be performed. During this time, the server may be off-line. In this case a notice regarding the maintenance may be posted by Tizzy Cloud.
8.7. Tizzy Cloud expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing services of TSPs.
8.8. Guidelines for refunds in respect of the Services shall at all times, be subject to the [Refund Policy] of Tizzy Cloud . Tizzy Cloud reserves the right, at its sole discretion, to change, modify, add, or remove portions of these policies, at any time without any prior written notice to the User. It is the User’s sole responsibility to review the policies periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. Users are advised to refrain from accessing the Website and / or availing the Services if they do not agree with the terms and conditions of the aforementioned policies.
8.10. USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE WEBSITE IS AT ITS OWN RISK. TIZZY CLOUD (INCLUDING ANY THIRD PARTY ASSISTING TIZZY CLOUD IN PROVISION OF SERVICES), ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE OR ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (C) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND TIZZY CLOUD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME, (D) THE QUALITY OF ANY INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR (E) THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. TIZZY CLOUD DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TIZZY CLOUD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND TSPS WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICE INFORMATION FOUND AT THIS WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
8.11. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR USER’S USE OF THIS WEBSITE.
Suspension or deletion of Tizzy Cloud Account by Tizzy Cloud.
Tizzy Cloud reserves the right to suspend or delete Tizzy Cloud Account with immediate effect without any notice, if:
9.1.1. Tizzy Cloud is required to do so;
9.1.2. the TSPs suspend or terminate the services being provided by them;
9.1.3. the User provides any information, including the Account Information and/or Personal Information, that is untrue, inaccurate, not current, or incomplete, (or becomes untrue, inaccurate, not current, or incomplete) or if Tizzy Cloud has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Tizzy Cloud may have the obligation to intimate relevant TSPs of the same;
9.1.4. it is brought to Tizzy Cloud’s notice or if it is discovered that such User is not eligible to use the Website and/or Tizzy Cloud Account;
9.1.5. Tizzy Cloud believes that the User’s use of Tizzy Cloud Account may be in breach of any Applicable Law;
9.1.6. Tizzy Cloud believes that the User has committed a breach of this Terms;
9.1.7. Tizzy Cloud believes that User’s use of Tizzy Cloud Account may compromise or have an adverse effect on Tizzy Cloud’s systems or networks;
9.1.8. the User uses the Website and Tizzy Cloud Account in such a way that it disrupts the traffic on the Website or adversely affects the safety laws/ rules/ regulations thereby impacting the User experience and preventing the Users from using the Website and Tizzy Cloud Account hassle-free; or
9.1.9. User agrees that the User will have no claim against Tizzy Cloud and/or the TSPs in respect of any action taken by Tizzy Cloud and/or the TSP as enumerated herein, and the User indemnifies Tizzy Cloud and/or the TSP against any claim by a User arising out of the same. Further, any liabilities that may have been incurred by Tizzy Cloud and/or the TSP, prior to suspension or deletion of Tizzy Cloud Account, shall be immediately due and payable.
9.2.1. User can at any time delete their Tizzy Cloud Account.
9.2.2. Upon the User selecting the option to delete their Tizzy Cloud Account and confirming the same, User’s Tizzy Cloud Account is deleted, and the User shall not be able to login or access their Tizzy Cloud Account for any reason whatsoever.
9.2.3. Users are requested to ensure sufficient back-up of their User Content prior to deletion of their Tizzy Cloud Account. However, it is hereby clarified that the User’s Personal Information available with Tizzy Cloud shall continue to be with Tizzy Cloud, to enable compliance under Applicable Laws and shall not be immediately deleted.
9.3. Tizzy Cloud will retain the User Content for a period of [insert] days from the date of deletion of the User’s Tizzy Cloud Account or the date of expiry of the subscription plan. Post expiration of this time period, Tizzy Cloud cannot recover the User Content.
9.4. Consequence of Termination of Services:
9.4.1. Upon termination of the Services, all free services, including the free space provided to the User as part of the Services, if applicable, will be cancelled or revoked.
9.4.2. User Content will be deleted off the servers upon expiry of the timelines as stated under Clause 9.3 , without any possibility to archive or retrieve the User Content.
9.5. The TSPs may, at any time, terminate the services provided by them for any reason whatsoever, and Tizzy Cloud shall not be responsible or liable for the same
10.1. By using the Website, the User authorizes Tizzy Cloud to collect information that can be used to identify or contact a single person (including but not limited to, name, contact preference, telephone number, mailing address, e-mail address, location tracking, etc.) (“Personal Information”) and other non-Personal Information about the User and use and/or disclose the same if Tizzy Cloud believes that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of Tizzy Cloud, its users or the public as required or permitted by law, (e) to protect Tizzy Cloud against third-party claims. Tizzy Cloud may also provide and/or disclose such information to any other trusted businesses or persons for the purpose of processing Personal Information on behalf of Tizzy Cloud. Tizzy Cloud shall however not be liable for any misuse of any Personal or non- Personal Information of the User by any TSP.
10.2. The User agrees that the information provided on the Website may be stored, processed, and transmitted manually/electronically by Tizzy Cloud. The User also agrees to provide accurate information on the Website and shall be liable for any damages and disputes arising due to the inaccuracy of the information.
User is solely responsible for the preservation of User Content which User uploads, stores and saves onto its Tizzy Cloud Account. EVEN WITH RESPECT TO USER CONTENT AS TO WHICH THE USER CONTRACTS FOR BACKUP SERVICES PROVIDED BY A TSP, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TIZZY CLOUD OR THE TSP SHALL HAVE NO RESPONSIBILITY TO PRESERVE THE SAID USER CONTENT. TIZZY CLOUD OR THE TSP SHALL HAVE NO LIABILITY FOR ANY USER CONTENT THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF USER’S FAILURE TO BACKUP ITS USER CONTENT OR FOR ANY OTHER REASON.
12. Trademark, Copyright and Restriction
All material of, or contained on the Website, including artwork, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
13.1. Tizzy Cloud reserves the right to modify, change, or discontinue any Third Party Software at any time, and User agrees to cooperate in performing such steps as may be necessary to install any updates to the Third Party Software. The Third Party Software is neither sold nor distributed to User, and User may use the Third Party Software solely as part of the Services. User may not use the Third Party Software outside of the Services.
13.2. Tizzy Cloud may provide User’s personal information to the TSPs as required to provide the Third Party Software. User acknowledges and agrees that User’s use of the Third Party Software is subject to Tizzy Cloud’s agreement(s) with the TSP.
13.3. In addition, if the Third Party Software is accompanied by or requires consent to a service or license agreement from the TSP, User’s use of the Third Party Software is subject to such service or license agreement. User may not download, install, or use any Third Party Software that is accompanied by or requires consent to a service or license agreement from a TSP, unless User first agrees to the terms and conditions of such service or license agreement.
13.4. User may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third Party Software. User may not reverse engineer, decompile, or disassemble the Third Party Software, except and only to the extent that such activity is expressly permitted by Applicable Laws.
13.5. User acknowledges and agrees that Tizzy Cloud and/or the TSPs (and their affiliates and suppliers) make no representations or warranties about any Third Party Software offered in connection with the Services, and expressly disclaims any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third Party Software.
13.6. User acknowledges and agrees that any Third Party Software will be supported by Tizzy Cloud and not by the TSPs (or their affiliates or suppliers).
14.1. The Website, Services and Tizzy Cloud Account may contain components of services provided by TSPs.
14.2. The Website, Services and Tizzy Cloud Account may contain links to the programming interface of the third parties (“Third-Party API”), which may take over from the Website and link the User to the portal of such third parties to process User request and complete the services.
14.3. Any access to and use of such linked services or programming interface is not governed by this Terms of Service, but instead shall be governed by the policies of those TSPs. Tizzy Cloud shall not be responsible for the information practices of such TSPs.
14.5. Notwithstanding the generality of the above, Users agree that the Website allows the below mentioned TSPs to have access to and connect to the Website, and in light of the same, the User shall also be bound by the applicable policies of such TSPs, to the extent applicable and the links of a few of which are provided below for ease of User’s reference:
14.5.1. to the extent applicable and the same shall be deemed to be incorporated herein. Users are required to read, understand, and agree to the same.
14.6. Tizzy Cloud does not screen or investigate Third Party Services before or after including/linking it to the Services of the Website. Further, Tizzy Cloud may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Services included/linked to the Services, wherever deemed appropriate by Tizzy Cloud, but shall not be liable for any delay or inaccuracies related to such updates.
14.7. Tizzy Cloud does not endorse any advertising, products, or other materials on or available from such third parties and assumes no responsibility or liability for any Third Party Services.
14.8. Third Party Services does not reflect the views of Tizzy Cloud or that of Tizzy Cloud’s parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.
15.1. IN NO EVENT SHALL TIZZY CLOUD, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TIZZY CLOUD’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VI) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT TIZZY CLOUD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. Notwithstanding anything contained in this Terms or elsewhere, Tizzy Cloud shall not be held responsible for any loss, damage, or misuse of the User’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. For the purposes of this Terms, a “Force Majeure Event” shall mean any event that is beyond the reasonable control of Tizzy Cloud and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, epidemic, pandemic, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of Tizzy Cloud and which Tizzy Cloud is not able to overcome.
15.3. Subject to the above and notwithstanding anything to the contrary contained in these Terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Tizzy Cloud vis-à-vis any User, regardless of the form of claim, be INR - (Rupees One Hundred only).
15.4. The foregoing limitations of liability will apply to the fullest extent permitted by law, notwithstanding the failure of essential purpose of any limited remedy herein and shall survive any termination or expiration of this Terms or User’s use of this Website as provided by Tizzy Cloud.
Termination or expiration of these Terms, in part or in whole, shall not limit Tizzy Cloud from pursuing other remedies available to it, nor shall Tizzy Cloud be liable to the User for any damages resulting solely from termination as permitted herein.
18. Applicable Law
The Terms shall be governed by and interpreted and construed in accordance with the laws of India.
19. Jurisdiction for Dispute Resolution
Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or Tizzy Cloud, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the jurisdiction of the courts at Mumbai.
20. Contact Us
Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Website or the Services to
In accordance with Information Technology Act, 2000 and rules made thereunder, the
name, contact details and designation of the Grievance Officer are provided below:
Name: Akanksha Singh
Designation: Project Manager
Contact Number: 72088 42888
Timings: 09:30 AM To 06:30 PM (on all working days)
In accordance with Consumer Protection Act 2019 and Consumer Protection (E-
Commerce) Rules, 2020, the name and contact details of the Grievance Officer are
Name: Akanksha Singh
Designation: Project Manager
Contact Number: 72088 42888
Timings: 09:30 AM To 06:30 PM (on all working days)
21.3. In the event of any complaint or any issue raised by the User, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.
21.4. All words and expressions used herein and not defined, but defined in the Information Technology Act, 2000 and/or the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 shall have the meanings respectively assigned to them thereunder.
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